The future of high tech patent litigation in the auto industry - Automotive World 28/04/2017, 1004 News Analysis Research Data Magazine Webinars Conferences Logout My account Subscribe Contact us % $ & V Search... HOME COMMERCIAL VEHICLES ELECTRONICS MANUFACTURING OEMS & MARKETS POWERTRAIN SAFETY SUPPLIERS ⌂ Home > Analysis > The future of high tech patent litigation in the auto industry LOGIN Welcome Martin Kahl The future of high tech patent litigation in the auto industry # April 26, 2017 New auto tech and the arrival of new auto industry players is sure to increase the patent litigation landscape, writes Bill Robinson of Foley & Lardner Do you have a question? Email us or call +44 (0) Over 250 patent suits were filed against car manufacturers between 2012 and 2017. An even higher 2921 287 116 CONFERENCES number were filed against their suppliers. By some estimates, 10% of all patent litigation concerns the automotive OEMs and their suppliers. 28 HD Truck Pune by Automotive NOV Development and growth of new technologies is having a significant, if not disruptive, impact on the design Megatrends QUICK LINKS The Westin Pune Koregaon Park, Ghorpadi, and manufacturing of cars. The OEMs and their suppliers have filed hundreds of patents for these new Pune, Maharashtra, India technologies, including connected car devices, driver assist systems, radar, and autonomous vehicle News solutions. Alternative drivetrain technology is an example of an area where thousands of patents have been Analysis Connected Car Pune by filed. In addition, major West Coast technology companies not traditionally associated with the automotive 29 Research NOV Automotive Megatrends industry, such as Google, Apple, and Microsoft, are moving into the automotive space and developing Data The Westin Pune Koregaon Park, Ghorpadi, extensive patent portfolios on various technologies used in cars and trucks. Automotive is now the third Pune, Maharashtra, India most active sector for worldwide patent filings behind telecoms and computing – and the rate of growth is Magazine faster than in any other industry. Webinars 13 Connected Car Detroit by Conferences MAR Automotive Megatrends With autonomous vehicles in development and the ever-increasing use of computers to run all sorts of car The Henry, Dearborn, Detroit systems, cars are quickly becoming simply large computer systems with sensors, motors, and wheels attached. Indeed, the software development on the C7 Corvette took more time than the mechanical development. As with any new area of rapidly changing technology, there is likely to be a new round of RECEIVE UPDATES 14 Autonomous Car Detroit by MAR Automotive Megatrends patent wars in the automotive area as the OEMs and their suppliers struggle for dominance among The Henry, Dearborn, Detroit themselves in these new areas, or pursue newer companies such as Tesla. The new presence in the Commercial Vehicles automotive space of the West Coast technology companies, which have always been aggressive about Electronics protecting and exploiting their intellectual property, is likely to increase the likelihood of such suits. 15 Powertrain Detroit by Automotive Manufacturing MAR Megatrends In addition, the patent trolls will continue their efforts to cobble together portfolios in order to shake down OEMs and Markets The Henry, Dearborn, Detroit the OEMs and others for license fees. A patent troll is a company that obtains the rights to one or more Powertrain patents in order to profit by means of licensing or litigation, rather than by producing its own goods or Safety services. The last five years have seen an increase in the number of trolls targeting the automotive Suppliers SOCIAL industry, a trend that generally bucks a number of other industry segments, such as software-based Email address business industries, which have seen a sharp litigation decrease due to the Supreme Court’s Alice decision % $ & V (Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014)) and the resulting quick invalidation of many Go software patents at the pleading stages of many district court suits. FOLLOW US ON TWITTER As with any new area of rapidly changing technology, there is likely MEGATRENDS MAGAZINE ❝ to be a new round of patent wars in the automotive area as the $ The all-new Hyundai KONA: sleek, sharp and progressive https://t.co/3bV35B7y2L OEMs and their suppliers struggle for dominance among themselves Automotive 7 mins ago in these new areas, or pursue newer companies Megatrends Magazine – Q1 $ Volvo Cars’ first quarter 2017 operating profit 2017 rises 11 per cent to SEK3.5 billion This article first examines high-technology patent litigation in the automobile industry that has occurred # March 14, 2017 https://t.co/H2CUIcOexC 7 mins ago from 2012-2017, divided by troll and non-troll litigation and based on the type of patents asserted. The selection criteria for the cases were primarily those that involved patents in Classes 180 (motor vehicles) $ Safety aside, repair licensing could prove pivotal and 701 (data processing involving vehicles and navigation), although potentially other relevant classes to EV uptake https://t.co/ccsgz8Sdjb 3 hours ago were also covered such as 340 (electrical communications), 382 (image analysis), and 348 (television). The parties (plaintiffs and defendants) discovered in the searches were then cross-referenced against the $ FEV presents solutions for connected and nationwide information in Justia Dockets to discover additional parties and technologies to ensure an autonomous driving and efficient powertrains at accurate dataset. the 38th Vienna Motor… https://t.co/9EbLWNQuWn 12 hours ago The second part of the article deals with the impact of the entry of the West Coast technology companies into the automotive space. $ Honeywell showcasing its transportation Note that throughout, federal court abbreviations are used. EDMi is the Eastern District of Michigan; EDTx technology future at Vienna International Motor http://www.automotiveworld.com/analysis/future-high-tech-patent-litigation-auto-industry/ Page 1 of 5 The future of high tech patent litigation in the auto industry - Automotive World 28/04/2017, 1004 is the Eastern District of Texas. DE is the District of Delaware; CDCal, NDCal, and SDCal are the Central, Symposium https://t.co/w63CZXHufm 12 hours ago Northern, and Southern Districts of California, respectively; MD is the District of Maryland; MN is the District of Minnesota; SDNY is the Southern District of New York; and ITC is the International Trade Commission. The cases A. The patent troll cases The majority of all patent litigation in the last 15 years has been troll cases, and the automotive sector is no exception. If anything, that sector has seen trolls formed rapidly, particularly in the EDTx, to exploit various high-technology aspects of cars. Some of these trolls hold just one patent. Others, who trace ownership back to such mega trolls as Acacia Research, hold many. The major trolls that have targeted the automotive OEMs are described below, ranked by number of suits filed in the last five years. The trolls and other non-practicing entities (NPEs) listed are those that have focused on the vehicles. The automotive industry has been hit with suits during 2012-2017 by other trolls dealing with the on-line advertising and sales of cars and parts. Such trolls have included Phoenix Licensing LLC (form letters and emails), Pragmatus Telecom LLC (call centers), and 911 Notify LLC (911 call notifications). As a review of Justia Dockets will indicate, many have also targeted the OEM suppliers and even companies outside of the automotive industry. Most have been resolved by settlement, dismissal, IPR proceedings and the like. No resolved case ever reached the jury trial stage. While that is not to say that one might not in the future, the nature of most trolls and their generally contingent-fee counsel is that they do not have the resources to fully pursue every case that they file and plan for a series of cost-of-defense settlements. American Vehicular Sciences (AVS): AVS is an Acacia troll and owns the 300-patent portfolio of Automotive Technologies International (with David Breed as the inventor) and Intelligent Technologies International. The patents relate to displays, navigation systems, sensor-based vehicle control, optical pattern recognition and external object detection, diagnostic management, airbag deployment, and a variety of seat controls. AVS has filed 58 suits since 2012. Comment: AVS’s suits have been filed in the EDTx, CDCal, and EDMi, and against Kia, Hyundai, Toyota, Honda, Mercedes, Mazda, Subaru, and BMW, but no US companies. Beacon Navigation GmbH (BNG): BNG is a prolific troll with a complex foreign ownership that filed 40 suits since 2012 (and almost an equal number before that time) on its portfolio of navigation patents. Comment: Virtually every OEM has been sued by Beacon, which has brought actions in DE (which were then transferred to the EDMi), and the ITC. Cruise Control Technologies LLC (CCT): CCT is a Delaware troll whose patents not surprisingly relate to cruise control systems. CCT has filed 28 cases in since 2012. Comment: CCT’s cases have been filed in DE and the EDMi and against Honda, Nissan, Chrysler, GM, Porsche, Toyota, Ford, Volvo, Jaguar, Subaru, Hyundai, VW, Mercedes, Audi, and BMW. Signal IP (SIP): SIP is a Marathon Patent Group troll that acquired patents from Delco and Delphi that concern object sensing, vehicle coverage zones, hybrid vehicle control, airbags and tyre sensors. SIP has filed 22 suits since 2012. Comment: SIP’s cases have all been in the CDCal and against Hyundai, Toyota, Fiat, Ford, Jaguar Land Rover, Mercedes, Porsche, VW, BMW, Volvo, Suzuki, Nissan, Subaru, Honda, Mazda, Kia, and Mitsubishi. Manitto Technologies (MT): MT is a Texas troll with patents relating to GPS-based car tracking. It has filed 21 cases since 2012. Comment: MT’s cases have all been in the EDTx and against both car stereo manufactures and OEMs GM, Volvo, Kia, Toyota, Jaguar, Honda, Subaru, Chrysler, Hyundai, Nissan, and Ferrari.